A driving under the influence (DUI) charge in Nevada can lead to jail time, administrative penalties, and the loss of your driving privileges. Here’s a closer look at how a DUI could impact your driver’s license in Nevada.
The Consequences of a DUI
Any conviction for driving under the influence, including a first-time offense, can lead to severe consequences. The loss of your license is one of the most problematic consequences.
Immediate License Suspension
If you’re arrested for a DUI in Nevada, the Department of Motor Vehicles (DMV) may immediately suspend your driver’s license. This administrative action is separate from any criminal charges. It’s often connected to the state’s implied consent law.
By holding a Nevada driver’s license, you’ve implicitly agreed to submit to chemical tests (like breath or blood tests) if you’re suspected of driving under the influence. Refusing these tests may lead to an automatic one-year license suspension, even if you beat the criminal charges.
Administrative License Revocation
Upon your arrest, the DMV will issue an Order of Revocation. The revocation period for a first offense is 185 days. You have seven days from the arrest date to request a DMV hearing to challenge this revocation. If you don’t request a hearing, the 185-day revocation automatically takes effect.
Criminal Penalties and Long-Term License Revocation
A DUI conviction carries additional penalties, including escalating penalties for second and subsequent offenses.
A second offense within seven years of the previous violation results in a one-year administrative license revocation, and a third offense within seven years results in a three-year license revocation.
How to Get Your License Back
To reinstate your license after a DUI-related revocation, you must:
Submit form SR-22, proof of auto insurance
Pay reinstatement fees
Meet other requirements, such as passing a written test
You may be eligible to reinstate your driving privileges before the revocation period ends. However, the court will likely require you to install a breath ignition interlock device (BIID) on any vehicle you may operate. You’ll have to pay for the BIID and all installation costs out of pocket.
What About Car Insurance?
A DUI conviction can seriously affect your finances. When it’s time to reinstate your license, you’ll ask your insurer for an SR-22 form. This notifies the company that you are a high-risk driver, and it usually leads to a big increase in auto insurance premiums.
The SR-22 requirement typically lasts three years but can vary based on individual circumstances.
What to Do if Your Nevada Driver’s License Has Been Suspended
If your Nevada driver’s license has been suspended due to a driving under the influence offense, you’ll need to take action. By following these steps, you might partially or fully restore your driving privileges.
Understand the Situation
Step one involves understanding the duration of your license suspension and revocation. While a first offense typically results in a 185-day suspension, you could face a shorter or longer suspension period based on the court’s rulings.
Request a Hearing
You may also face an administrative revocation from the DMV. If that happens, you must request a hearing to challenge the revocation. You can (and should) bring legal representation to your hearing so that your lawyer can help you argue your case in hopes of restoring your license.
Complete the Requirements
The court will typically set requirements for reinstatement, which may include DUI education, treatment programs, fines, and SR-22 insurance. Make sure you are aware of and meet all reinstatement provisions.
Install a Breath Ignition Interlock Device
If you are required to install a BIID, make sure to budget for this expense when planning for reinstatement. The installation must be performed by a certified provider, and you’ll need to obtain a Certification of Compliance.
Apply for Reinstatement
Once you meet all requirements, visit a Nevada DMV office to apply for license reinstatement. Be prepared to:
Provide documentation
Pass required tests
Pay reinstatement fees
The road to getting your license back after a DUI can be lengthy. That’s why it's important to have an experienced legal professional in your corner. A knowledgeable attorney will protect your rights and work to preserve or recover your driving privileges following a DUI arrest in Nevada.
Facing DUI Charges? Seek Legal Assistance
A DUI arrest triggers both administrative and criminal processes that can affect your ability to drive. Being informed about these processes and seeking legal counsel can help you make your way through this challenging situation.
If you’re facing DUI charges in Nevada, it’s important to act fast. Contact DUI Doctor for a free consultation to discuss your case and explore your next steps.
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